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The purposes of this chapter are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002, the “Act,” being M.C.L.A. §§ 484.3101 et seq.) and other applicable law, and to ensure that the township qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(Prior Code, Ch. XXIX, § 1) (Ord. 1-2003, passed 5-14-2003)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (All other terms used in this chapter shall have the same meaning as defined or as provided in the Act, including without limitation the following.)
ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Public Act 48 of 2002, being M.C.L.A. §§ 484.3101 et seq.), as amended from time to time.
AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to § 3 of the Act, being M.C.L.A. § 484.3103.
MPSC. The Michigan Public Service Commission in the Department of Consumer and Industry Services, and shall have the same meaning as the term “Commission” in the Act.
PERMIT. A non-exclusive permit issued pursuant to the Act and this chapter to a telecommunications provider to use the public rights-of-way in the township for its telecommunications facilities.
PERSON. An individual, corporation, partnership, association, governmental entity or any other legal entity.
PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, alley easement or waterway. PUBLIC RIGHT-OF-WAY does not include a federal, state or private right-of-way.
TELECOMMUNICATION FACILITIES or FACILITIES. The equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes and sheaths, which are used to, or can, generate, receive, transmit, carry, amplify or provide telecommunications services or signals. TELECOMMUNICATION FACILITIES or FACILITIES do not include antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally-licensed commercial mobile service, as defined in § 332(d) of Part I of Title III of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332, and further defined as commercial mobile radio service in 47 C.F.R. § 20.3, and service provided by any wireless, two-way communication device.
TELECOMMUNICATION PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Those terms as defined in § 102 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2102. TELECOMMUNICATION PROVIDER does not include a person or an affiliate of that person when providing a federally-licensed commercial mobile radio service as defined in § 332(d) of Part I of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332, and further defined as commercial mobile radio service in 47 C.F.R. § 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this chapter only, a PROVIDER also includes all of the following:
(1) A cable television operator that provides a telecommunications service;
(2) Except as otherwise provided by the Act, a person who owns telecommunications facilities within a public right-of-way; and
(3) A person providing broadband internet transport access service.
TOWNSHIP. The Township of Hopkins.
TOWNSHIP BOARD. The Township Board of Hopkins or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the Township Board.
TOWNSHIP CLERK. The Township Clerk or his or her designee.
(Prior Code, Ch. XXIX, § 3) (Ord. 1-2003, passed 5-14-2003)
PERMITS; FEES
(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the township for its telecommunications facilities shall apply for and obtain a permit pursuant to this chapter.
(B) Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with § 6(1) of the Act, being M.C.L.A. § 484.3106(1). A telecommunications provider shall file one copy with the Township Clerk, Township Supervisor and one copy with the Township Attorney. Applications shall be complete and include all information required by the Act, including, without limitation, a route map showing the location of the provider’s existing and proposed facilities in accordance with § 6(5) of the Act, being M.C.L.A. § 484.3106(5).
(C) Confidential information. If a telecommunication provider claims that any portion of the route maps submitted by it as part of its application contain trade secret, propriety or confidential information, which is exempt from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 to 15.246, pursuant to § 6(5) of the Act, being M.C.L.A. § 484.3106(5), the telecommunications provider shall prominently so indicate on the face of each map.
(D) Application fee. Except as otherwise provided by the Act, the application shall be accompanied by a one-time non-refundable application fee in the amount of $500.
(E) Additional information. The Township Supervisor may request an applicant to submit such additional information which the Township Supervisor deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the Township Supervisor. If the township and the applicant cannot agree on the requirement of additional information requested by the township, the township or the applicant shall notify the MPSC as provided in § 6(2) of the Act, being M.C.L.A. § 484.3106(2).
(F) Previously issued permits. Pursuant to § 5(1) of the Act, being M.C.L.A. § 484.3105(1), authorizations or permits previously issued by the township under § 251 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251, and authorizations or permits issued by the township to telecommunications providers prior to the 1995 enactment of § 251 of the State Telecommunications Act, but after 1985, shall satisfy the permit requirements of this chapter.
(G) Existing providers. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), within 180 days from 11-1-2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the township as of such date, that has not previously obtained authorization or a permit under § 251 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251, shall submit to the township an application for a permit in accordance with the requirements of this chapter. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), a telecommunications provider submitting an application under this division (G) is not required to pay the $500 application fee required under division (D) above. A provider under this division (G) shall be given up to an additional 180 days to submit the permit application if allowed by the authority, as provided in § 5(4) of the Act being M.C.L.A. § 484.3105(4).
(Prior Code, Ch. XXIX, § 4) (Ord. 1-2003, passed 5-14-2003)
(A) Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the Township Supervisor. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), the Township Supervisor shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 93.15(B) of this chapter for access to a public right-of-way within the township. Pursuant to § 6(6) of the Act, being M.C.L.A. § 484.3106(6), the Township Supervisor shall notify the MPSC when the Township Supervisor has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The Township Supervisor shall not unreasonably deny an application for a permit.
(B) Form of permit. If an application for permit is approved, the Township Supervisor shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with §§ 6(1), 6(2) and 15 of the Act, being M.C.L.A. §§ 484.3106(1), (2) and 484.3115.
(C) Conditions. Pursuant to § 15(4) of the Act, being M.C.L.A. § 484.3115(4), the Township Supervisor may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
(D) Bond requirement.
(1) Pursuant to § 15(3) of the Act, being M.C.L.A. § 484.3115(3), and without limitation on division (C) above, the Township Supervisor may require that a bond be posted by the telecommunications provider as a condition of the permit.
(2) If a bond is required, it shall not exceed the reasonable cost to ensure the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
(Prior Code, Ch. XXIX, § 5) (Ord. 1-2003, passed 5-14-2003)
Pursuant to § 4(3) of the Act, being M.C.L.A. § 484.3104(3), obtaining a permit or paying the fees required under the Act or under this chapter does not give a telecommunications provider a right to use conduit or utility poles.
(Prior Code, Ch. XXIX, § 7) (Ord. 1-2003, passed 5-14-2003)
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